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Helping You Make Your American Dream Come True

Helping You Make Your American Dream Come True

The EB-3 application: The evidence needed

On Behalf of | Jul 26, 2022

Employment-based immigration is one way for non-citizens to come and live in New Jersey or anywhere else in the United States. One option is the EB-3 visa.

Workers from other countries are eligible to work in the United States providing that they can qualify for a visa by meeting requirements that establish their skills and, in some cases, that they have a job offer.

Skilled workers

You must have a full-time job offer and a labor certification. Two years of job experience, training or education will meet the requirements specified on the labor certification. Your employer will have to certify that it could not find a U.S. citizen or resident to perform this work.

Professionals

You must have a full-time job offer and a labor certification. A requirement is demonstration of a U.S. baccalaureate degree or an equivalent degree earned in another country. Employers must also certify that they could not find a citizen or legal resident here in the U.S. to fill the position.

Unskilled workers

You must have a full-time job offer and labor certification. Having the ability to perform unskilled labor (requiring less than 2 years training or experience), which is not temporary or seasonal, is necessary. Moreover, it must be established that your employer cannot find U.S. citizens or legal residents to perform this labor.

Labor certification and more

Being able to make business immigration successful depends on labor certification. You can do this through the filling out of Department of Labor Form ETA-9089. A non-certified ETA-9089 may receive approval, in some cases.

Your employer must file a Form I-140, Immigrant Petition for Alien Workers. They will need to show that they can continue to pay your salary. Proof of this is possible through a federal tax return, annual report or audited financial statement.

Applicants for the EB-3 classification for immigration will need to submit evidence of a full-time job offer. They will also need a labor certification, Form ETA-9089.